Does a Medical Marijuana Card Protect Me at Work In Virginia?
Introduction
Yes, a medical marijuana card can offer employment protection in Virginia, but there are important exceptions. Thanks to House Bill 1862, Virginia law prohibits employers from firing, disciplining, or refusing to hire someone solely for holding a valid medical marijuana card. However, this protection does not extend to on-the-job impairment or violation of workplace drug policies. In short, while the law protects medical cannabis use outside of work, it does not excuse being under the influence during work hours or in safety-sensitive roles.
Understanding how this law works—and what it doesn’t cover—is essential for both employees and employers.
Here's everything you need to know.
Virginia's Medical Marijuana Employment Protections: An Overview
As of July 1, 2021, Virginia law explicitly protects employees who are registered medical marijuana users. This legislation, House Bill 1862, was passed with unanimous bipartisan support and signed by Governor Ralph Northam. It marked a pivotal moment in cannabis reform, especially in a Southern state.
This law prohibits both public and private employers from taking adverse action—such as firing, demotion, or refusing to hire—against an employee simply because they hold a valid Virginia Board of Pharmacy-issued medical cannabis certification.
The purpose of this law is to ensure that patients using medical marijuana legally and responsibly are not unfairly penalized in the workplace.
What Exactly Does the Law Protect?
House Bill 1862 protects employees from discrimination based on their status as registered medical cannabis patients. This means:
You cannot be fired just for holding a medical marijuana card.
You cannot be denied a job or promotion based solely on your legal use of medical cannabis.
You are allowed to use medical marijuana outside of work hours as long as it does not impair your job performance.
This law applies regardless of whether the employer is in the private sector or public sector, making it one of the more comprehensive cannabis employment protections in the region.
Related: Can You Own a Gun With a Medical Marijuana Card?
When Employers Can Still Take Action
Although the law offers meaningful protections, it does not give employees a free pass. Employers retain the right to discipline or terminate employees for:
Being impaired at work
Violating drug-free workplace policies
Failing a drug test if the employer has a clearly defined policy related to safety-sensitive positions or federal obligations
This means that if your cannabis use impacts your performance, especially in jobs involving machinery, transportation, or healthcare, your employer can still take action.
Impairment vs. Usage: What’s the Difference?
It’s crucial to understand that being a cardholder is legal, but being impaired at work is not. Unlike alcohol, THC can remain in your system for days or even weeks, which makes drug testing more complicated. Employers are encouraged to evaluate impairment based on behavior and performance, not just test results.
Related: Is Replacing Alcohol with Weed a Good Idea?
Are There Any Exceptions to the Law?
Yes. The law carves out specific exceptions for certain employers and industries:
Federal contractors or employers bound by federal laws may still prohibit cannabis use entirely, even outside of work hours.
Safety-sensitive positions—such as pilots, commercial drivers, and heavy machinery operators—may be excluded from these protections.
Employers may also comply with Drug-Free Workplace Act policies that prohibit all cannabis use, regardless of state law.
In these cases, federal regulations still take precedence, and employers may choose not to accommodate medical cannabis use—even if the employee has a card.
Drug Testing in Virginia Workplaces
Virginia employers can still test for marijuana. A failed drug test may not be grounds for immediate termination if you are a cardholder, but context matters:
Off-duty use that does not impair your work should not be penalized.
On-duty impairment, even with a medical card, may lead to disciplinary action.
Employers should update their drug testing policies to reflect Virginia’s legal protections.
If your employer uses a zero-tolerance drug policy, you may need to provide proof of your medical marijuana registration to avoid wrongful action. However, employers cannot force you to disclose your cardholder status unless it's relevant to the job or required by law.
What If My Employer Violates These Protections?
If you are wrongfully terminated or discriminated against because of your status as a medical marijuana cardholder, you may be able to take legal action.
Legal Options May Include:
Filing a complaint with the Virginia Department of Labor and Industry
Seeking compensation for lost wages, reinstatement, or damages
Consulting with an employment law attorney who specializes in medical cannabis laws
Employers who violate HB 1862 may face civil lawsuits and fines, depending on the nature of the infraction. In extreme cases involving retaliation or blatant discrimination, criminal charges may also apply.
What Employers Should Know
Employers in Virginia need to be proactive in updating their human resources policies and training to remain compliant with the law. Here’s a basic compliance checklist:
Employer Compliance Checklist:
Review Virginia Code § 40.1-27.4 and related statutes.
Update employee handbooks to reflect new cannabis protections.
Train HR and management on impairment recognition—not just drug test reliance.
Do not inquire about medical marijuana status unless necessary.
Avoid disciplinary action for off-duty cannabis use unless impairment is demonstrated.
By maintaining fair and legally sound policies, employers can avoid costly litigation and foster a respectful workplace culture.
Recent Legislative Developments in Virginia
Virginia continues to evolve in its cannabis policies. Alongside the medical marijuana employment protections, Virginia has also:
Decriminalized cannabis possession (2020)
Approved adult-use cannabis legalization (2021)
Expanded access to medical marijuana by allowing more healthcare providers to certify patients
While full adult-use sales are still pending regulatory infrastructure, these changes show a steady trend toward normalization—and raise further questions about workplace cannabis policies.
Looking ahead, lawmakers and advocacy groups are pushing for suspicionless drug testing reform, aiming to prevent employees from being unfairly penalized due to inactive THC metabolites that do not indicate impairment.
Final Thoughts: Know Your Rights and Responsibilities
If you’re a Virginia resident with a medical marijuana card, you have important employment rights, but also responsibilities.
You are protected from discrimination for being a registered patient.
You are not protected if you’re impaired on the job or working in a federally regulated position.
You can still be drug tested, but you can’t be punished for legal, off-duty use unless it affects your work.
Understanding these distinctions can help you navigate your workplace with confidence—and stay compliant with both your medical regimen and your job requirements.
Need a Medical Marijuana Card in Virginia?
If you’re considering medical marijuana and want to ensure legal protection at work, it’s essential to obtain your Virginia-issued medical marijuana certification through a licensed provider.
CannabisMD TeleMed offers a simple, secure, and fast way to get your card. With telehealth appointments, expert guidance, and approval in 24-48 hours, CannabisMD TeleMed helps you stay compliant, safe, and informed.
👉 Book your evaluation today and take the first step toward better health—and peace of mind in the workplace.
FAQs
Is a medical marijuana job protected in Virginia?
Yes, employees in Virginia who have a valid medical marijuana card are protected under House Bill 1862 from being fired or denied employment solely based on their status as registered patients. However, this protection does not cover on-the-job impairment or violations of workplace drug policies. Employers can still take action if cannabis use affects job performance or safety.
What are the benefits of having a medical marijuana card in Virginia?
Having a medical marijuana card in Virginia allows legal access to state-approved cannabis products from licensed dispensaries. It also provides employment protections, medical oversight, and the ability to use cannabis for qualifying conditions without legal penalties. Cardholders may also receive personalized treatment recommendations from certified healthcare providers.
Does a medical marijuana card show up on a background check in Virginia?
In most cases, a medical marijuana card does not appear on standard employment background checks in Virginia. However, if a federal agency or security clearance is involved, your status may be considered, especially if cannabis use conflicts with federal regulations. Employers generally cannot require disclosure unless it directly relates to the job.
How long is a Virginia medical marijuana card good for?
A Virginia medical marijuana card is valid for one year from the date of issue. Patients must renew annually by consulting with a certified healthcare provider and submitting a renewal application to remain in compliance with state law. Regular renewal ensures continued access to dispensaries and legal protection.
Can I own a gun if I have a medical marijuana card in Virginia?
Federal law prohibits firearm possession by anyone who uses marijuana, even for medical purposes, regardless of state laws. Although Virginia permits both medical cannabis use and gun ownership, the conflict with federal law can put cardholders at legal risk if they own or purchase firearms. It’s important to seek legal advice before making any decisions regarding gun ownership.
